Montague Municipal Code Ch. 15.34 Public Improvement Requirements

Sections:

15.34.010 Purpose. 15.34.020 Applicability. 15.34.030 Compliance. 15.34.040 Public improvements required. 15.34.050 Exceptions. 15.34.060 Construction standards. 15.34.070 Public utility relocations. 15.34.080 Deferral of public improvement requirements. 15.34.090 Waiver or modifications of requirements. 15.34.100 Supervisory authority. 15.34.110 Appeals.

This chapter is for the purpose of regulation and compliance relative to street improvements. Within this title or amendments that may later be adopted, there exists structures, buildings, vacant land and uses that the city may require full street improvements (e.g., curb, gutter, sidewalk, paving) upon request for a building permit.

This chapter is intended to ensure that full public street improvements are constructed whenever construction occurs on where there exist structures, buildings, vacant land and uses within the city. (Ord. 12-02, 2012)

This chapter applies to all applications foregoing, new, continuous and/or old development projects within the jurisdiction of the city limits. (Ord. 12-02, 2012)

Any act done under the authority of a written permit issued pursuant to the provisions of this ordinance shall be done in accordance with all applicable city rules, regulations and standards, and the terms and conditions of the permit. All new construction of residential, commercial or industrial buildings shall have primary access from a paved street. (Ord. 12-02, 2012)

• A. Health and Safety.

  1. Any construction work outlined in this chapter shall not be construed to prohibit any additions or alterations that may be reasonably necessary to comply with any lawful order of any public authorities in the interest of public health, safety or welfare.

2. Other improvements may be required if, in the opinion of the city engineer, such improvements are directly related to the development of the site of the proposed building and are required to protect the public health, safety and welfare.

B. Any person who constructs or causes to be constructed, any building in the city shall construct all necessary improvements in accordance with city specifications upon the property and along all street frontages adjoining the property upon which such building is constructed unless adequate improvements already exist. In each instance, the city engineer shall determine whether or not the necessary improvements exist and are adequate prior to issuance of a building permit. The required improvements may include the following: Street pavement, curbs, gutters, sidewalks, drainage facilities, sewer facilities, water facilities, fire-protection facilities, street lighting, street signing, street striping, street trees and landscape, grading of right-of-way dedication, modifications to existing utilities to facilitate any or all the improvements identified herein.

C. Maintenance and Repairs.

1. Ordinary maintenance and repairs may be made to any parcel or lot provided the work does not exceed twenty percent of the appraised improvement value thereof, according to the assessor's records, in a single calendar year.

2. In the event maintenance and repairs exceed twenty percent of the appraised value, the city may require improvements (i.e., curb, gutter, sidewalks, paving) to comply with the current city road development standards.

   3. The improvements required by this section shall also apply to any person who: (1) enlarges or expands any building by twenty percent or more in floor area; or (2) remodels any building if the cost of such work exceeds fifty percent of the value of said building as determined by the city engineer and/or public works supervisor and/or according to the assessor's.

• D. Existing Parcels or Lots. Existing parcels and/or lots are subject to city street improvements upon new construction or improvements that exceed twenty-five percent of the appraised structural value, according to the assessor's records, in a single calendar year.

E. Previously Approved Building Permits. Nothing within this chapter shall require a change in the structural building plans, design, construction or intended use of the structure itself in which the permit was issued and placement was lawfully begun prior to the amended ordinance. The actual improvements may be required only at the time a new permit for new or additional construction is obtained.

F. The improvements must be installed and accepted by the city engineer and public works supervisor prior to occupancy of the building. (Ord. 12-02, 2012)

The public improvements construction provisions of this chapter shall not apply in the following circumstances:

A. New construction of single-family dwellings on parcels specifically excluded from the improvement requirements by the planning commission at the time of approval of land division or development plan.

B. New buildings to be constructed as part of a development subject to a development agreement where such agreement sets forth the phasing or timing of improvements.

C. The restoration or repair of a building damaged or destroyed by fire, explosion, earthquake, flood, or other casualty or act of God, or by the public enemy; provided, that a building permit to rebuild the structure is obtained within six months and the use or occupancy of such building thereafter continues in the same manner as lawfully existed prior to such damage or destruction.

D. Those building enlargements, expansions, and remodeling not meeting the thresholds established in Subsection 15.34.040.C. (Ord. 12-02, 2012)

All construction work shall be in accordance with the City of Montague construction standards and specifications or as determined by the city engineer and the public works supervisor. (Ord. 12-02, 2012)

In the event the city engineer or public works supervisor determines that the contemplated construction of improvements as required by this chapter in individual cases will necessitate the relocation or alteration of noncity operated public utility facilities, including but not limited to, gas, telephone, and cable television, the person requesting the building permit may be required to produce satisfactory evidence that arrangements have been made with the public utility company for the relocation or modification of such public utility facilities prior to issuance of said permit. (Ord. 12-02, 2012)

Upon written application, the city engineer or public works supervisor, by written order, may defer any of the improvements required by this chapter if he finds that the public health, safety and welfare of the inhabitants of the city will not be endangered by the deferment of the construction of the improvements and that any one of the following exists:

A. There is a lack of adequate data, in regard to the grades, plans or surveys, which complicates the construction of the improvements and indicates that they should be deferred to a later time.

B. The construction of the improvements is included in an approved or pending assessment district or otherwise guaranteed as provided by city ordinance.

• C. Construction of the improvements would be premature.

• D. Construction of the improvements would create a hazardous or defective condition.

If the city engineer or public works supervisor determines that it would be in the best interest of the city to defer required improvements, the property owner shall enter into an agreement with the city, agreeing that the property owner will undertake and start the construction of the required improvements within ninety days after notice is given by the city.

The agreement shall further provide that in the event of default in undertaking and completing the required improvement within the time specified, the city may cause such work to be done and the cost thereof to be assessed as a lien against the property. In such cases, the county auditor will be directed to: (1) add any cost less than fifty dollars to the next regular tax bill; or (2) collect costs of fifty dollars or more in five annual installments; and payments of costs so deferred shall bear interest on the unpaid balance at the rate of six percent per annum. Such agreement shall also be considered as a covenant running with the land and shall be recorded in order to constitute notice to any prospective buyer so such property. The city council must approve any deferral agreement. (Ord. 12-02, 2012)

The city engineer may and/or public works supervisor, in the exercise of sound discretion, relieve an applicant from compliance with all or a portion of the provisions of this chapter if the city engineer finds:

A. The street fronting on the subject property has already been improved to the maximum feasible and desirable state, recognizing that there are some such streets which may have less than standard improvements, when necessary to avoid unreasonable interference with such things as trees, walls, yards, structures, and open space.

B. The granting of the waiver or modification will not create or perpetuate a hazardous or defective condition or be otherwise detrimental to the health, safety or welfare of the residents of the city. (Ord. 12-02, 2012)

The public works supervisor or city engineer or their designee may supervise any work done under permits issued under the provisions of this chapter. (Ord. 12-02, 2012)

A. Any applicant aggrieved by a determination of the city engineer or public works supervisor pertaining to interpretations or application of the provisions of this chapter may appeal to the city council.

B. The city council may make such modifications in the requirements of this chapter or may grant such waivers or modifications to the determinations which are appealed to the council as it determines are required to prevent any unreasonable hardship under the facts of the case or to obviate any required improvement unrelated to increased traffic flow or pedestrian use of rights-of-way.

C. All new construction covered by this chapter is presumed to result in increased traffic flow and pedestrian movement, and it shall be the burden of the appealing party to show otherwise. (Ord. 12-02, 2012)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

Disclaimer: The city clerk’s office has the official version of the Montague Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Telephone: (530) 459-3030

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